Borigam Venkateshwarlu v. 1. The State of Telangana

8. Gajelli Shanker, S/o.Bodaiah, Major, Occ. Business R/o.H.No.23-50, Sri Sri Nagar Mancherial, Mancherial District. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High .Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.3 to 7 more particularly the Respondent Nos.6 and 7 in issuing the lmpugned Notice Rc.No.81lDy.105'15512025, dt.12.11.2025 in proposing to conduct the survey of the petitioner's land in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District without considering the detailed objections submitted by the petitioner dt.15.11.2025 as illegal, arbitrary, unconstitutional and consequently direct the Respondent Nos.3 to 7 not to conduct any survey in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District under the lmpugned Notice issued by the 7th Respondent dt.'12.11.2025 by duly considering the objections submitted by the petitionet d1.15.1'l .2025. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Hlgh Court may be pleased to direct the Respondent Nos.3 to 7 to more particularly the Respondent Nos.6 at 7 not to conduct the survey in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District pursuant to the notice issued by the 7th respondent vide Proceedings Rc.No.B1lDy.10515512025, dt.12.11.2025 by duly considering the objections submitted by the petitioner dt.1 5. t 1 .2025, pending disposal of the above writ petition. Counsel for the Petitioner : SRI M.JANARDHAN RAO Counsel forthe Respondent Nos.1 to 7 : AGP FOR REVENUE Counsel for the Respondent No.8 : - The Court at the stage of admission made the following ORDER .\ THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue an order/direction or writ in the nature of Mandamus declaring the action of respondent Nos.3 to 7 more parlicularly respondent Nos.6 and 7 in issLting the intpugned notice RC.No.Bl/Dy.IOS/S5/2025, dutetl l2.l1.2U5 in proposing to coruluct the suney of the petitioner's land in S1t.No.l02 situated at Naspur Village and Mandal, Mancherial District without considering the detailed objections submitted the petitioner dated 15.t1.2025 as illegal and consequently clirect respondent Nos.3 to 7 not to conduct any survey in Sy.No.l02 situated at Naspur l'illage and Mandal, Mancheriol District uncler the intpguncd ruttice issued by respondent No.7, dated 12.1l,.2025 by duly considering the objections submitted by the petitioner dated 15.11.2025 or puss such other order or orders..."

2. Heard Mr. M.Janardhan Rao, learned counsel for the petitioner and Mr. L.Ravinder, learned Assistant Government Pleader for Revenue.

3. It is stated that the petitioner is the absolute owner and possessor of House bearing No.5-66l212 admeasuring I500 sq.yards in Sy.No.102 situated at Naspur Village and Mandal, Mancherial District, There are disputes between the petitioner and respondent No.8 with regard to the subject property and several criminal cases 2 have been todged against respondent No.8. Petitioner has also filed a suit in O.S.No.279 of 2025 on the file of the II Additional Junior Civil Judge, Mancherial, against respondent No.8 and another for perpetual injunction. Vide order dated 17.11.2025 in I.A.No.423 of '2025 in O.S.No.279 of 2025,learned trial Court granted temporary injunction in favour of the petitioner restraining respondent No.8 and another from entering and interfering with the peaceful possession and enjoyment of the petitioner over the subject property.

4. Suppressing the aforesaid facts, respondent No.8 tnade an application before respondent authorities with a request to conduct survey of the land in Sy.No.102 of Naspur Village and Mandal. Basing on the same, respondent No.7 has issued notice dated

12.11.2025 to the petitioner and adjacent land owners, fixing the date of survey on 17.1I.2025. However, on 17.I1.2025 the said survey was not conducted. Further, petitioner has submitted objections to respondent No.7 explaining all the aforesaid facts, including the fact that the subject property is now not an agricultural land and pendency of civil suit.

5. The grievance of the petitioner is that even then without considering the objections filed by the petitioner and without / h 3 considering the fact that the land in Sy.No.l02 is not an agricultural land, respondent authorities are trying to conduct survey. Under the guise of the said survey, respondent No.S is trying to grab the subject property.

6. Learned counsel for the petitioner would submit that the subject property is not an agricultural land and the suit filed by the petitioner against respondent No.8 for perpetual injunction is pending for adjudication. Further, there is an interim injunction in favour of the petitioner before the trial Court. Therefore, prays this Court to direct respondent authorities not to conduct survey in the land of Sy.No.102 pursuant to notice dated 12.1,1.2025 issued by respondent No.7.

7. On the other hand, learned Assistant Government Pleader for Revenue, on instructions, would submit that basing on the application submitted by respondent No.8, respondent No.7 has issued notice dated 12.11.2025 to all the adjacent/neighbouring owners of the land in Sy.No.102 of Naspur Village, in accordance with the procedure laid down under law. He further submits that respondent No.7 will consider the objections submitted by the petitioner and conduct survey, in accordance with law, by putting the t { n petitioner, respondent No.8 and all interested parties on notice and affording them an opportunity.

8. In the light of the said submission, this Court deems it appropriate to dispose of the present writ petition at the stage of adrnission and notice to respondent No.8 is dispensed with.

9. Without going into the merits or demerits of the case, this Writ Petition is disposed of, directing respondent authorities to conduct survey in the land of Sy.No.l02 of Naspur Village and Mandal pursuant to notice dated 12.11.2025, strictly in accordance with [aw, only after considering the objections submitted by the petitioner and putting the petitioner, respondent No.8 and all the interested parties on notice and affording them an opportunity. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed //TRUE COPY/ SDftP. PONNA KRISHNA ASSISTANT REGISTRAR --e SECTION OFFICER \ at Hyderabad.

1. The Principal secretary, Revenue Department Secretariat, state of Telangana 2. ii"'Cni"f Commissioner of Land Administration Government of Telangana, 3. Tne Distiict Collector, Mancherial District. 4. The Revenue Oivisional Officer, Mancherial Revenue Division Mancherial, Nampally, HYderabad. Mancherial District. The Tahsildar, Naspur Mandal Mancherial District' The Assistant Direitor of Survey Mancherial, fvlancherial District' ffre Oeputy lnspector of SurVey_Mancherial Division, O/o.Revenue Divisional Officer Mancherial, Mancherial District. i*o CC" to GP FOR REVENUE, High Court for the State of Telangana at Hvderabad.tOUTl ifi;-cb to sRt M:JANARDHAN RAo, Advocate [oPUC] Two CD CoPies To 5 6 7

8. 9: 10 SA . r lilt!t!!t!*l!FE!lt rr /"r ..i t ! ! ::.:t'-..- \:.::: .: /r':" (. 17 L-L lfll * . ., HIGH COURT DATED:2511112025 ORDER WP.No.35804 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.